President Bush signs bill banning pretexting

The practice of pretexting has been outlawed in the US with the signing of the …

President Bush has signed the Telephone Records and Privacy Protection Act of 2006 into law, making the practice of pretexting illegal. Under the new law, anyone attempting to "knowingly and intentionally" acquire the phone records of a third party by making false representations to a phone company or selling such illegally obtained records will face up to ten years in prison and fines. The penalty can be increased for offenses involving over 50 victims.

Although the practice of pretexting has been around for years, the problem only gained the public's notice with the Hewlett-Packard scandal. Concerned over leaks from the company's board of directors, HP chairman Patricia Dunn initiated an investigation of the board members. During the course of the investigation, investigators hired by the company pored through phone records of board members and journalists, the majority of which were obtained via pretexting.

When news of the investigation and its techniques became public, it resulted in the resignation of Dunn and others at the company. Dunn, HP senior counsel Kevin Hunsaker, and three investigators became the subjects of a criminal investigation by California law enforcement officials, who ultimately charged them with fraudulent wire communications, identity theft, wrongful use of a computer, and conspiracy. Investigator Bryan Wagner has since pleaded guilty to federal charges of identity theft and conspiracy, both felonies.

The Telephone Records and Privacy Act was originally introduced into the House of Representatives by Rep. Lamar Smith (R-TX) in February 2006. The bill passed the House in April, but languished in the Senate for over seven months before being passed during the last days of the 109th Congress in December.